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HomeMy WebLinkAbout05/05/2008 Council Meeting Minutes MAY 5, 2008 Minutes of a regular meeting of Council held on May 5, 2008, at 7:00 p.m., in the Council Chambers and reconvened at 9:30 a.m. on May 6, 2008. Councillor Foster led the meeting in prayer. ROLL CALL Present Were: Mayor J. Abernethy Councillor A. Foster, attended until 11:26 p.m., May 5, 2008 Councillor R. Hooper Councillor M. Novak Councillor G. Robinson Councillor C. Trim Councillor W. Woo, attended until 11:26 p.m., May 5, 2008 Also Present: Chief Administrative Officer, F. Wu Director of Engineering Services, T. Cannella, attended until 10:10 a.m., May 6, 2008 Facilities Manager, G. Acorn, attended until 10:10 a.m., May 6, 2008 Director of Planning Services, D. Crome, attended until 11:26 p.m., May 5, 2008 Solicitor, D. Hefferon, attended until 11:26 p.m., May 5, 2008 Director of Operations, F. Horvath Manager of Special Projects, F. Langmaid, attended from 9:30 a.m. to 10:10 a.m., May 6, 2008 Director of Corporate Services and Human Resources, M. Marano Director of Finance/Treasurer, N. Taylor, attended until 10:10 a.m., May 6, 2008 Director of Emergency Services/Fire Chief, G. Weir Administrative Assistant to the Municipal Clerk, C. Fleming Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Councillor Hooper indicated that he would be stating a pecuniary interest with respect to Item 2 of Report #1 (Report PSD-042-08) and By-law 2008-074. Later in the meeting Mayor Abernethy declared a pecuniary interest with respect to Correspondence Items D - 8 and D - 9. Council Meeting Minutes - 2 - May 5, 2008 ANNOUNCEMENTS Mayor Abernethy, spoke on behalf of Council, stating how proud he is of the fire fighters and all who assisted with the King Street fire last week and commended all for their efforts in preventing this from becoming an even greater disaster. Mayor Abernethy called upon Chief Weir to give a summary update on the fire. Prior to presenting the update, Chief Weir issued a reminder that this week is “Emergency Preparedness Week” and referred to the booklet “Prepare Now, Learn How”, which he had distributed to all Members of Council, staff and had provided copies for members of the public. Chief Weir urged everyone to read the booklet and to contact Clarington Emergency and Fire Services if they had questions or for additional information. Chief Weir provided an update on the King Street Fire in which two buildings – Lange’s Photo and Second Chance were lost and have been demolished and repair orders issued for Leisure Lady and Café Vienna which will remain closed until repairs are completed and inspected. Chief Weir stated the call was received at 8:31 a.m. with trucks arriving on scene at 8:36 a.m. The fire took approximately 7 hours to contain and a total of 36 hours to completely extinguish. There were no injuries to citizens or fire fighters and 16 individuals were directly provided with emergency assistance through the combined efforts of the Canadian Red Cross Disaster Management Program, the Bowmanville Salvation Army and the Durham Region Social Services Department. A trust fund is being held at the Bank of Montreal for the “Victims of Bowmanville Fire”. Property and content damage is estimated to be in excess of $3.1 million. Seventy five fighters were involved in fighting the blaze and preventing its spread. The cause of the fire remains under investigation by the Ontario Fire Marshal’s office. Mayor Abernethy expressed appreciation to Chief Weir and Clarington Emergency and Fire Services personnel, the Operations Department, Chair Roger Anderson, Durham Region, Region of Durham EMS, Durham Region Emergency Management Office, Durham Regional Police Services, Durham Region Social Services and Works Departments, the Ontario Fire Marshal, Ontario Power Generation, Oshawa Fire Services, Mayor John Gray, and the citizens of Oshawa, the Red Cross Durham Region Disaster Management Program, The Salvation Army, TSSA, Bowmanville Fabric, Chanterelle Bistro, Enbridge Gas, Espresso Legato, Hooper’s Jewellers, Maddy’s Pub, Markcol Distribution, Tim Horton’s Bowmanville and Veridian Connections. Mayor Abernethy stated he was very impressed with how the community came together in this time of need and expressed gratitude to Rick James and Dan Strike for initiating the trust fund for the victims of the fire. Chief Weir expressed his appreciation to businesses and individuals and to all Clarington Emergency and Fire personnel on their performance in containing and extinguishing the fire as well as protecting other businesses and residents of the community. Council Meeting Minutes - 3 - May 5, 2008 A Video clip of the fire filmed by Susan Jane Frank was played. Councillor Novak expressed appreciation to all for the help provided to the community during the fire. Councillor Novak advised she attended the Holy Trinity CSS Job Fair. The event was well attended and showcased what Clarington has to offer in post secondary employment. She stated she also enjoyed participating in reading to Grades 2 and 3 students at St. Elizabeth Elementary School and attended Maplefest over the weekend. Councillor Trim advised of the following: ? Regional road rehabilitation on Liberty Street from the CPR overpass to Sunset Road expected to be complete by June 8, 2008. ? The Region has retained its Triple AAA Credit Rating confirmed by Moody’s Investors Service. ? The intersection of Townline Road and Highway #2 is one of the busiest intersections in the Region experiencing high volumes of traffic on Highway #2 East with 24,000 cars per day. The majority of collisions involve drivers turning left into businesses and in order to address safety and operational problems, the centre line median on Highway #2 may be extended from the intersection of Townline Road to Varcoe Road. ? The Spring and Summer Edition of the Durham Works Newsletter highlighted the opening of the Region’s new Material Recovery Facility and the Courtice Water Pollution Control Plant. Both facilities are available for touring during National Public Works Week, May 18 to 24, 2008. Councillor Hooper expressed his appreciation, on behalf of the Bowmanville BIA, to Chief Weir and all the emergency services personnel for the amazing job they did during the Bowmanville fire and also expressed thanks to Clarington staff, Kevin Anyan, Jennifer Cooke, Frank Wu and Garth Gilpin stating he can’t say enough about how the community pulls together in times of need. Councillor Hooper announced the following: th ? Orders are being taken for the Bowmanville 150 Plate depicting the old General Hospital in Bowmanville. The plates are $30 with a portion of the proceeds going to the Hospital Foundation. ? There are also a limited number of coins available. th ? Arrangements for the 150 Anniversary Celebrations are progressing and the Parade is in need of floats. ? He enjoyed the experience at St. Elizabeth Elementary School meeting with the young children. ? Downtown Bowmanville released the “Bowmanville Up Close” publication featuring local businesses in the downtown and also beyond the historic core. Council Meeting Minutes - 4 - May 5, 2008 ? He was pleased to be part of the Clarington Volunteer Recognition Program event last week and commended staff for an excellent job. Councillor Foster advised Councillor Woo and he attended a multicultural exposition at S.T. Warden Public School to see diversity that creates our community. Councillor Robinson expressed thanks to Clarington Emergency and Fire Services and initiated a round of applause in appreciation for their efforts. Councillor Woo also expressed thanks to Clarington Emergency and Fire Services and announced the following: ? He also attended the “We’re Different – So What” Event, at S. T. Warden Public School. st ? There will be a “Support Our Troops” Rally on May 31 at Clarington Fields and a separate gathering will be held by Highway 401 – The Highway of Heroes involving 80 red vehicles travelling to Downsview Park. ? The dedication of Darryl Caswell Way and Mabel Bruce Way on May 15, 2008. ? Oshawa/Durham Symphony Orchestra has announced their concert season and are partnering with UOIT to build a new concert hall. ? Archibald Fruit & Wine Festival will take place on May 31, 2008, with proceeds in support of Big Brothers and Big Sisters. ? Greek Night, fundraising event will be held on June 1, 2008, in support of the Bowmanville Hospital Association. ? Open House for the Darlington “B” project EA Community Information Sessions thth will be held May 6 at Orono Town Hall and May 7 at Faith United Church in Courtice. Mayor Abernethy read a press release announcing the permanent extension of the gas tax funding to municipalities in support of local propriety infrastructure projects in which Clarington will receive $1.1 million this year and $2.3 million next year. Mayor Abernethy advised of the sod turning for the new library site in Newcastle which received $2.3 million in funding from the Province. MINUTES Resolution #C-239-08 Moved by Councillor Hooper, seconded by Councillor Foster THAT the minutes of a regular meeting of Council held on April 21, 2008, be approved. “CARRIED AS AMENDED” (See Following Motion) Council Meeting Minutes - 5 - May 5, 2008 Resolution #C-240-08 Moved by Councillor Foster, seconded by Councillor Woo THAT the delegation of Barry Bracken recorded on Page 7 of the minutes of the Council meeting held on April 21, 2008, be amended to delete the words “may find distasteful” and replace with the words “may not like what he has to say next.” “CARRIED” Resolution C-239-08 was then put to a vote and CARRIED AS AMENDED. PRESENTATIONS John O’Toole, MPP, Durham addressed Council to present his Annual Address from the Ontario Legislature. Mr. O’Toole joined with Council and staff to thank everyone in the community for pulling together during the King Street fire. Mr. O’Toole stated there were numerous issues on the horizon, noting Energy-From-Waste, the 407 East Expansion, the Darlington “B”, Environmental Assessment and the Source Water Protection Act, are all issues affecting the Riding. Mr. O’Toole extended congratulations on the success of “Pitch-In” Week and the collection of household batteries. He highlighted current legislation before the Assembly including Bill 35 – Investing In Ontario Act, 2008 stating stable, predicable funding is what organizations want; Bill 50, Provincial Animal Welfare Act, 2008, noting the Ontario Federation of Agriculture has concerns with this Bill; Bill 64, Cosmetic Pesticides Ban Act 2008, a controversial bill which is federally regulated; and, Bill 69, Smoke-Free Ontario Amendment Act, 2008, which he supports but questions where funding for enforcement would come from. Mr. O’Toole highlighted the Joint Municipal Provincial Fiscal Review which is being conducted this year to determine which taxes pay for which services, similar to the “Who Does What” Report commenced in the 1990’s and acknowledged the argument between the Federal and Provincial levels of government concerning the Built Canada program. He noted the most important infrastructure is the Windsor border with six levels of government involved in the issue and the need to remain competitive to keep businesses in Canada. Mr. O’Toole further advised he was pleased to attend the MII Funding Announcement of $1.9 million in OMPF funds. He also acknowledged the importance of encouraging leadership in the community and advised he would forward nomination forms to the Municipal Clerk for the Leading Women and Leading Girls’ Building Community Awards program. In summary, Mr. O’Toole thanked Council for their service to the Community and pledged his support to work cooperatively with Council in serving the taxpayers of Clarington. Council Meeting Minutes - 6 - May 5, 2008 Ian Parrott, Senior Manager of Approvals, Environmental Assessment and Approvals Branch, and Dave Fumerton, District Manager, York Durham District Office, Ministry of the Environment, addressed Council concerning Municipal Solid Waste Management. Through use of a PowerPoint presentation, Ian Parrott provided an overview of the history of landfilling in Ontario and reviewed legislation and regulations governing new and existing landfill sites. Mr. Parrot stated Provincial roles and responsibilities are three-fold and include setting standards and guidelines for emissions to groundwater, surface water and air, as well as the design and operation of landfill sites, administering approvals and permitting processes and conducting inspection and enforcement activities to ensure compliance with applicable regulatory requirements. Mr. Parrott detailed the regulatory framework and reviewed the provisions of the Environmental Assessment Act, the Environmental Protection Act and Certificates of Approval. He also outlined common problems with landfill sites and how issues are dealt with. Dave Fumerton reviewed major landfill sites in Ontario, active landfill sites, including the W. H. Hale Landfill Site in Clarington, and Durham Region waste diversion statistics. In response to questions concerning the development of a new site or expansion of a current site as an alternative to EFW, Mr. Parrott responded that the site would be selected during an Environmental Assessment Process and that the timing of the process would be equivalent to what is being done for the EFW facility. He further stated that the size of the site is dependent on how high or how deep it is. In response to further questions, Mr. Parrott stated landfills are not allowed in the Oak Ridges Moraine but he was unsure of the limitations on the greenbelt. He clarified that he was not aware of the Province anticipating landfill in Clarington or any new landfill sites being developed in Ontario. Mr. Parrot also stated that the Ministry of the Environment places a significant weighting factor on an unwilling host community as public opinion and community is an important part of the process. In response to further questioning, Mr. Parrott stated it is not impossible for a site to make it through an EA process and that landfills that have been decommissioned are continuously monitored until they demonstrate that they are no longer a threat. Mayor Abernethy congratulated Wayne Robbins, Senior Vice President, Ontario Power Generation – Darlington (OPG) on receiving the President’s Leadership Award. Wayne Robbins addressed Council to provide an update on Darlington’s 2007 performance and to highlight issues facing OPG in 2008. Mr. Robbins acknowledged the efforts of Chief Weir and staff for an excellent job regarding the Bowmanville fire. Mr. Robbins introduced two new Darlington employees in attendance – Stu Seedhouse, new Plant Manager, and Steve Woods, Director of Engineering. Through use of a PowerPoint presentation Mr. Robbins provided a recap of OPG, noting the company is one of North America’s largest power generators supplying 70% of Ontario’s electricity. He stated Darlington’s vision is to be in the top quartile of the world’s 440 operating reactors and to provide safe, reliable, predictable, cost- effective generation. Mr. Robbins stated safety is paramount and that they have Council Meeting Minutes - 7 - May 5, 2008 surpassed 5 million hours without a lost time accident. He noted they continue to focus on improved maintenance outages and have had successful maintenance outages on Unit 2 and Unit 4. Mr. Robbins advised they are leading the industry with the transition to a planned 36-month outage cycle and planning for long-term station sustainability. Mr. Robbins summarized by restating OPG’s commitment to the community to communicate openly and transparently to earn and maintain the public’s trust. In response to questions, Mr. Robbins stated the Province will make the decision on the technology for the new build and they are anticipating a decision from the government over the next three months. In response to further questions, Mr. Robbins stated that if the maximum capacity is installed with the new build, OPG would supply approximately 40% of Ontario’s energy. Resolution #C-241-08 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Council recess for 15 minutes. “CARRIED” The meeting reconvened at 10:36 p.m. DELEGATIONS Louis Bertrand addressed Council concerning Correspondence Item I - 21 - Public Information Session and Peer Review of Emission Criteria. Through use of a PowerPoint presentation, Mr. Bertrand reviewed the limits of operation with respect to safety margins and highlighted the motion passed by Durham Council on January 23, 2008, requesting that the most modern and state of the art emission control technologies that meet or exceed the European Union EU monitoring and measurement standards be incorporated into the design and installation of the proposed EFW facility. Mr. Bertrand expressed concern with the emissions standards proposed by the consultants as noted in Regional Report WR-16 and questioned whether they are comparing operational limits to a legal EU limit and where the safety margin between those operational limits and the EU directive limits is. He also questioned whether this incinerator would be allowed to operate in Europe. Mr. Bertrand summarized by stating he is not at all reassured by the report and would like an independent peer review by experts and requested the Mayor and Regional Councillors to vote against accepting Report WR-16. Council Meeting Minutes - 8 - May 5, 2008 Kristin Robinson addressed Council concerning Correspondence Item I - 21 - Public Information Session and Peer Review of Emission Criteria to explain why a peer review must be done and a Public Information Session be held at this point in the EA process, not later. Ms. Robinson reviewed the EFW proposed operational limits and EFW facility emission limits comparison study provided by the Region’s consultants. She stated there are major differences from what the consultants have proposed and what the EU is saying about the best techniques. Ms. Robinson feels that what is being proposed is far from the state of the art facility that was promised, that regular citizens are unaware of such important things going on that could affect their health, and that the process has not been transparent. She feels it is imperative to have a Peer Review done to advise the public how these emission limits were set and to engage an expert panel to respond to questions. Ms. Robinson feels there are too many unanswered questions to trudge forward waiting for information to appear after vital decisions have been made. Steve Conway addressed Council concerning Correspondence Item I - 21 - Public Information Session and Peer Review of Emission Criteria. Mr. Conway disputed comments made by Magnus Schönning, First Secretary, Embassy of Sweden regarding the lack of health studies on EFW emissions and submitted a copy of a study entitled “Health Effects of Exposure to Waste Incinerator Emissions: A Review of Epidemiological Studies”. The study demonstrates that several adverse health effects have been reported associated with mass burn incineration in populations living near incinerators. Mr. Conway noted 3,000 doctors in France are presently requesting the banning of incinerators. Linda Gasser addressed Council concerning Correspondence Item I - 21 - Public Information Session and Peer Review of Emission Criteria. Ms. Gasser explained the Environmental Assessment is an iterative process that takes into consideration what is brought forward, stating no process can consider what is not brought forward and without information issues cannot be properly addressed. She expressed concern that the Regions have forged ahead without conducting rigorous studies in the proper order or consulting with the public on key aspects of the EA, i.e. the proposed EFW Emissions Operating Limits and the Business Case. Ms. Gasser stated local Councillors need to take immediate action to ensure that if an incinerator were approved by the Ministry of the Environment that it would be a state-of-the-art facility as the Region committed to on January 23, 2008. Ms. Gasser requested Council to direct staff to commission Peer Reviews of the EFW Facility Air Emission Criteria and provide advice as to how what is proposed would meet Council commitments; add a date by which the Region should respond to Report CAO-05-08 concerning a Public Information Session; and to consult with Clarington residents as often as necessary throughout the EA process in order for all residents to understand how Regional decisions affect the community. Council Meeting Minutes - 9 - May 5, 2008 Resolution #C-242-08 Moved by Councillor Robinson, seconded by Councillor Trim THAT the meeting continue beyond the 11:00 p.m. curfew, in order to hear from the remaining two delegates following which the meeting shall recess until Friday, May 9, 2008, at 9:30 a.m. “MOTION LOST” Resolution #C-243-08 Moved by Councillor Novak, seconded by Councillor Hooper THAT the meeting to continue beyond the 11:00 p.m. curfew, in order to hear from the remaining two delegates following which the meeting shall recess until Tuesday, May 6, 2008, at 9:30 a.m. “CARRIED” Cathrine McKeever addressed Council concerning Correspondence Item I - 21 - Public Information Session and Peer Review of Emission Criteria. Ms. McKeever stated a recent delegation to this Council said she and her husband were confused about the EFW facility EA process which indicated a need for public information sessions. Ms. McKeever advised there is confusion somewhere as her previous letter did not even mention the EA process. Ms. McKeever advised information sessions organized by our municipal council are needed because residents need a source for information upon which they can depend and they know to be both reliable and unbiased. Ms. McKeever stated normally people rely on their local media to keep them apprised of major events; however, she feels such is not the case with this proposed facility. Ms. McKeever stated rather than being impartial, Rogers TV 10 and Clarington This Week are actively anti-EFW noting she can cite numerous examples from either source showing this bias. Ms. McKeever stated the most blatant occurred this past week. Rogers TV 10 produced a show called “The Burning Question” aired th last Sunday, April 27 and through judicious editing, a man who supports energy from waste and has said so many times including as a delegation to this Council was made to be saying the opposite. Ms. McKeever stated many people support building of this facility and an Ipsos Reid poll showed nearly 75%. She expressed concern that those who control the news still feel the need to manipulate this support to manufacture confusion and to demean this Council and undermine its authority. Ms. McKeever stated we may enjoy a free press in this country but Durham Region suffers from a biased one. She urged Council, as our elected representatives, to ensure residents have the truth. Aiden Tombes was called but was not present. Council Meeting Minutes - 10 - May 5, 2008 Dave Renaud addressed Council concerning Correspondence Item I – 21 - Public Information Session and Peer Review of Emission Criteria. Mr. Renaud expressed concern that the figures reported in the Chief Administrator’s Report on the hosting a Public Information Session are very high. Mr. Renaud advised the CAW has previously held two forums on the issue and the costs were $2,600 for one and $4,200 for the other. Mr. Renaud confirmed that the bulk of the cost was to cover expenses for speakers. Mr. Renaud volunteered his service to help reduce costs in hosting the forum. Mr. Renaud submitted copies of resolutions from the Windsor and District Labour Council, the CAW – National Automobile, Aerospace, Transportation and General Works Union of Canada and the Durham Region Labour Council in opposition to the principle of waste incineration. The Chief Administrative Officer confirmed the figures reported in Report CAO-05-08 are correct and acknowledged that the private sector can host a meeting for less cost. Resolution #C-244-08 Moved by Councillor Robinson, seconded by Councillor Trim THAT Council recess until 9:30 a.m., Tuesday, May 6, 2008. “CARRIED” The meeting recessed at 11:27 p.m. and reconvened at 9:30 a.m. on Tuesday, May 6, 2008. COMMUNICATIONS Resolution #C-245-08 Moved by Councillor Robinson, seconded by Councillor Trim THAT the communications to be received for information be approved, with the exception of Items I - 13 and I - 21. “CARRIED” I - 1 Minutes of the Central Lake Ontario Conservation Authority dated April 15, 2008. I - 2 J. R. Powell, Chief Administrative Officer, Central Lake Ontario Conservation Authority (CLOCA) forwarding CLOCA’s 2008 Budget for information. Council Meeting Minutes - 11 - May 5, 2008 I - 3 Shirley Severn, President, Clarington Fiddle Club, expressing appreciation for the Municipal grant provided to the Club which will assist them in providing entertainment and sharing musical talents with young and old. I - 4 Cheri Smith, Manager, Resource Development & Special Events, Community Living Oshawa Clarington, expressing appreciation for the Municipal grant provided to the Association which will assist them in providing the highest quality of life for people with intellectual disabilities by creating opportunities for inclusion, citizenship, acceptance and partnership. I - 5 Carol Barkwell, Executive Director, Luke’s Place Support & Resource Centre for Women & Children, expressing appreciation for the financial support provided to the Centre which will assist them in providing programming and services to the women and children in Durham Region. I - 6 Leesa Venning, Coordinator, Rehabilitation and Employment Services, Canadian Mental Health Association, expressing appreciation on behalf of the Making Connections Clarington Resource Centre participants, the Steering Committee and the volunteers and staff for the Municipal grant provided to the Association. I - 7 Harold Sellers, Executive Director, Oak Ridges Trail Association, extending appreciation to Council for their consideration and approval of a Municipal grant to help support the continued success of the Oak Ridges Trail Association. I - 8 Reaza Ali and family, urging Council to host a Public Information Session on the proposed Energy-From-Waste facility to allow the public the opportunity to ask questions and receive answers from experts from both the pro and con sides of incineration. I - 9 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to the Association of Municipalities of Ontario (AMO) advising that on April 16, 2008, Regional Council passed the following resolution pertaining to the Assessment Review Board Interim Decision regarding Toronto Bank Tower Assessments: Council Meeting Minutes - 12 - May 5, 2008 “a) THAT the Region of Durham endorse the actions taken by the City of Toronto and the Municipal Property Assessment Corporation to seek leave to appeal to the Divisional Court a decision of the Assessment Review Board regarding the valuation assessment of large office tower complexes located in downtown Toronto; and b) THAT copies of Report #2008-F-37 be forwarded to the Association of Municipalities of Ontario, the Municipal Finance Officers Association, the Municipal Property Assessment Corporation, the City of Toronto and the Region’s local Area Municipalities.” I - 10 Kristin Duare McKinnon-Rutherford expressing concern that Regional Council has not provided sufficient time for the public to review the business case for the Energy-From-Waste facility or to provide copies to local Municipal Councils for their comments or questions. I - 11 Kevin LeGrand expressing concern that other options to incineration have not been investigated and suggesting that if Councillors care about democracy or taxpayers’ money being spent prudently, they will attempt to find the truth about the best way to deal with the waste. I - 12 Kristin Robinson advising that on April 18, 2008, the Region experienced a smog advisory day noting the Lung Association website suggests that there is no completely safe level for human exposure to the principal components of smog. Ms. Robinson feels there are already too many smog days without adding more smog- contributing pollutants to the air shed with the addition of the proposed incinerator. I - 14 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to Mr. Terry Clayton, Chair, Durham Trail Co-ordinating Committee, advising that on April 16, 2008, Regional Council passed the following resolution pertaining to the Durham Trail Co-ordinating Committee Activity Report and 2008 Workplan: “a) THAT Report #2008-P-24 of the Commissioner of Planning be received as the Durham Trail Co-ordinating Committee’s report on its activities; b) THAT the 2008 Durham Trail Co-ordinating Committee Workplan, as outlined in Attachment #1 to Report #2008-P-24 be approved; and Council Meeting Minutes - 13 - May 5, 2008 c) THAT a copy of Report #2008-P-24 be forwarded to the Durham Trail Co-ordinating Committee and the area municipalities.” I - 15 The Honourable Lawrence Cannon, P.C., M.P., Minister of Transport, acknowledging Council’s support of the City of Port Colborne’s resolution dealing with municipal infrastructure funding; advising through the $33-Billion Building Canada Fund, the Federal Government is making strategic investments in infrastructure but indicating that until such time as the Framework Agreement with the Province is signed, the money cannot flow to Ontario’s municipalities and encouraging the Province to conclude negotiations on the Agreement; and forwarding a copy of the “Building Canada” booklet summarizing the Federal Government’s new long-term infrastructure plan. I - 16 Paul Cloutier, Director of Income Support, Region of Durham, advising of changes being made to social assistance in Ontario as of August 1, 2008, that will affect Durham residents with children under 18 years of age who are in receipt of Ontario Works; forwarding an Ontario Child Benefit Program brochure highlighting the eligibility requirements; and, advising additional information on the Ontario Child Benefit can be obtained at www.ontariochildbenefit.ca or by contacting the Department of Social Services, Income Support Division. I - 17 The Honourable Diane Finley, P.C., M.P., Minister of Citizenship and Immigration, announcing that nominations are being accepted for the 2008 Citation for Citizenship Awards, awards honouring Canadians who have demonstrated exemplary citizenship through tireless work and generosity to help newcomers successfully integrate into Canadian society or who have worked diligently to promote Canadian citizenship; and, advising the closing date for receipt of nominations is May 16, 2008. I - 18 Susan Shane expressing concern with the proposed Energy-From- Waste facility in view of the already compromised air shed; and suggesting that a forum with qualified professions both pro and con be presented to inform the public on what will happen to the air quality in the area and what the health repercussions are. Council Meeting Minutes - 14 - May 5, 2008 I - 19 Ken Nash, President, Nuclear Waste Management Organization, (NWMO) advising in June 2007, NWMO was given the responsibility for implementing Adaptive Phased Management (APM), Canada’s long-term plan for used nuclear fuel and advising that the focus of their work over the past few months has been on drafting a five-year plan, based on seven draft strategic objectives; enclosing a copy of “Implementing Adaptive Phased Management 2008 to 2012 DRAFT PLAN” for public comment on whether they have identified the right objectives, missed key areas or set out appropriate activities; and attaching a transparency policy for comment in response to NWMO’s commitment to be open and transparent in their process, communications and decision-making. Public Comments are to be received by May 16, 2008. I - 20 Kristin Duare McKinnon-Rutherford writing further to Report CAO-05- 08 concerning EFW Public Information Session forwarding contact information for Bob. M. Kenney, Solid Waste Resource Analyst and Kathy G. Palko, two professions who could speak well to waste diversion efforts (i.e. alternatives to incineration). I - 13 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to the Honourable Jim Watson, Minister of Municipal Affairs and Housing advising on April 16, 2008, Regional Council passed the following resolution pertaining to the “Growing the Greenbelt” Consultation Paper: “a) THAT the following comments be forwarded to the Ministry of Municipal Affairs and Housing as Durham Region’s response to the draft expansion criteria to Growing the Greenbelt: i) The consultation material clearly indicates that the Province is only considering criteria for expansion of the Greenbelt, not to reduce the size or remove areas. As such, this initiative does not provide an opportunity for the Region to raise previous concerns expressed with the Greenbelt. The Minister had indicated that the Region’s ‘comments, along with those that the ministry continues to receive, will form part of the ten-year review of the Plan’ (in 2015). In anticipation of the review, the Minister should consider and propose criteria for adjustments to the Greenbelt boundary, where warranted to remove lands that do not meet the Greenbelt vision and goals; Council Meeting Minutes - 15 - May 5, 2008 ii) The criteria should be clarified to define what is meant by ‘the proposed Greenbelt expansion must be based on a provincial scale systems approach that formed the original Greenbelt’. Municipalities did not have access to, or knowledge of, this approach or data used by the Province to establish the original Greenbelt; iii) Requiring that the proposed expansion complement the Growth Plan and not interfere with affected municipalities bringing their official plans into conformity is supported. This recognizes the need to carefully consider further expansions to the Greenbelt, particularly in Durham where over 80% of the land mass is already in the Greenbelt. This will assist municipalities in addressing land required to meet provincially mandated growth; iv) Requiring that any request for expansion complement ongoing provincial initiatives, is supported. However, as noted in the Consultation Paper, there are a number of provincial initiatives affecting the Greater Golden Horseshoe that could have an effect on any proposal to expand the Greenbelt. The final criteria should identify all potential provincial initiatives that could affect a proposed expansion. This is essential supporting information needed to assist municipalities in preparing their requests; and b) THAT a copy of Report #2008-P-27 of the Commissioner of Planning be forwarded to the Ministry of Municipal Affairs and Housing and the area municipalities.” Resolution #C-246-08 Moved by Councillor Trim, seconded by Councillor Robinson THAT the resolution from the Region of Durham with respect to the Region’s comments on the draft expansion criteria to Growing the Greenbelt be endorsed. “CARRIED” Council Meeting Minutes - 16 - May 5, 2008 I - 21 Kristin Robinson advising that she has been finding it extremely difficult to get answers to question regarding the proposed Energy- From-Waste facility; expressing concern that very important decision are on the brink of being made i.e. emissions criteria without citizens being allowed to be properly involved in the process; suggesting an independent peer reviewer scrutinize the emissions criteria to ensure that the criteria fulfils resolutions made by Regional Council; and that citizens be consulted in a public forum where experts are available to answer questions that the public raise. Resolution #C-247-08 Moved by Councillor Robinson, seconded by Councillor Novak THAT Correspondence Item I – 21 from Kristin Robinson with respect to a Public Information Session and Peer Review of Emission Criteria be received for information. “CARRIED” Mayor Abernethy stated a pecuniary interest with respect to Correspondence Items D - 8 and D - 9 as they relate to the 2006 Municipal Elections. Mayor Abernethy vacated his chair and refrained from discussion and voting on these matters. Councillor Novak chaired the remainder of the meeting. CORRESPONDENCE FOR DIRECTION Resolution #C-248-08 Moved by Councillor Trim, seconded by Councillor Robinson THAT Correspondence Items be approved as per the agenda, including hand-out Item D - 11 with the exception of Items D - 3, D - 4 and D - 6 to D - 11, inclusive. “CARRIED” D - 1 Steven Finlay, Executive Director, Community Living Oshawa/Clarington requesting Council to proclaim the month of May as “Community Living” month to promote and highlight the inclusion of people with an intellectual disability within the community. (Proclaimed) Council Meeting Minutes - 17 - May 5, 2008 D - 2 Kristin Duare McKinnon-Rutherford expressing concern with the issue of the Chairmanship of the Green Community Living Committee as Mayor Abernethy has actively lobbied for a position that, according to Municipal protocol, is not to be held by the Mayor or any other member of Council and for staff’s acceptance of this breach of the rules. Ms. Duare McKinnon-Rutherford feels that having the Mayor as a member of the Committee takes away from the Committee’s credibility and that there are many community citizens who are well established, well connected and very effective in their efforts to address local environmental issues who would be qualified to lead the Committee. (Advise of actions taken and copy of the Addendum to Report CLD-015-08 to be forwarded) D - 5 Colleen Knight requesting to be provided with a the cost of hosting a Public Information Session on the Energy-From-Waste proposal in order to assist her in lobbying Oshawa City Council to contribute funds towards the forum. (Copy of Report CAO-005-08 to be forwarded) D - 3 Peter Love, Ontario’s Chief Energy Conservation Officer, encouraging Council to support Ontario’s first Energy Conservation Week, May 25 to 31, 2008, an initiative to work towards achieving Provincial savings targets and building a ‘culture of communication’; requesting Council to officially proclaim the week; and forwarding a checklist of key actions and suggested activities to engage in. Further information is available at www.energyconservationweek.ca. Resolution #C-249-08 Moved by Councillor Robinson, seconded by Councillor Hooper THAT May 25 to May 31, 2008 be proclaimed “Energy Conservation Week”; and THAT correspondence Item D - 3 be referred to the Living Green Community Advisory Committee. “CARRIED” Council Meeting Minutes - 18 - May 5, 2008 D - 4 Marlene and Bill Stacey proposing the name of “George Burley Road” or “Burley/Stacey Road” instead of the name “Swarbrick” for the road leading down to the subdivision south of Payne Crescent in Newtonville; and, questioning whether the Municipality is prepared to pay for the remaining four houses on Swarbrick Street to change their address to something other than Payne Crescent, if a stop sign at the entrance to Payne Crescent from the subdivision is not put in. Resolution #C-250-08 Moved by Councillor Robinson, seconded by Councillor Trim THAT the request from Marlene and Bill Stacey to change the name of “Swarbrick Street” to “George Burley Street” be exempted from the municipal fee for a Street Name Change application and that staff be authorized to hold a public meeting on the proposed street name change. “CARRIED” D - 6 Jim Freeman, President, Durham Region Labour Council, opposing the transfer of needed Durham Region mental health inpatient beds from the Ajax-Pickering Hospital to Scarborough Centenary Hospital and urging Council to take a public stand for the Durham Region Mental Health Services. Resolution #C-251-08 Moved by Councillor Trim, seconded by Mayor Abernethy THAT the position of the Durham Region Labour Council opposing the transfer of mental health inpatient beds from the Ajax-Pickering Hospital to Scarborough Centenary Hospital be endorsed. “CARRIED” D - 7 Leslie Drynan, Clerk, Tay Valley Township advising Council that on April 8, 2008, Tay Valley Township passed the following resolution pertaining to Provincial Funding – Evaluation and Approval Process: “WHEREAS it is very encouraging for municipalities to see that the federal and provincial governments have, for several years now, finally given formal recognition, through their various short and long- term budget announcements, that they have certain responsibilities to help fund new and replacement municipal infrastructure; Council Meeting Minutes - 19 - May 5, 2008 AND WHEREAS the funding contributions from the senior levels of government result in, among other things, cleaner air and water, safer roads and bridges, etc.; AND WHEREAS the funding has resulted from programs such as the Canada-Ontario Municipal Rural Infrastructure Fund, Rural Infrastructure Investment Initiative, Municipal Infrastructure Investment Initiative, Move-Ontario and the Municipal Roads and Bridges Fund; AND WHEREAS the stated objectives of the various programs such as “… to ensure that Ontarians in small urban and rural communities enjoy a quality of life that is second to none …”; “… support economic development, prosperity and quality of life in small and rural municipalities”; “… to direct new infrastructure funding to support the construction or renewal of municipally owned infrastructure assets” are admirable and very desirable; AND WHEREAS, with the exception of the Move Ontario and the Municipal Roads and Bridges Funds, detailed, costly, onerous and in some cases, very complicated applications had to be submitted to try and access funds from the various programs; AND WHEREAS those applications were submitted as a municipality’s highest priority; AND WHEREAS those municipal priorities were then subjected to the province’s own set of criteria which have been proven to be, less than transparent; AND WHEREAS a perception has evolved that the selection process is politically driven rather than being based on an open and accountable analysis of project eligibility and community needs; AND WHEREAS the senior levels of government now recognize that all municipalities are in urgent need of new and replacement infrastructure and that municipalities have very limited resources from which to fund these many and varied projects; NOW THEREFORE BE IT RESOLVED THAT the province make infrastructure funding available to all municipalities based upon formulae similar to those developed for the Move Ontario and the Municipal Roads and Bridges Fund so that municipal politicians and staff do not have to waste valuable time, effort and money in applying for the various programs’ funds that would enable the construction of necessary projects; Council Meeting Minutes - 20 - May 5, 2008 AND FURTHEMORE THAT a copy of this motion be sent to the Premier of Ontario, the Minister of Municipal Affairs and Housing, the Leader of the Official Opposition of Ontario, the Leader of the New Democratic Party of Ontario, Randy Hillier MPP, all municipalities in Lanark County, and to the Association of Municipalities of Ontario for circulation to all municipalities in the Province of Ontario for support.” Resolution #C-252-08 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the resolution from the Tay Valley Township with respect to Provincial Funding – Evaluation and Approval Process be endorsed. “CARRIED” D - 8 Don and Cynthia Prout acknowledging receipt of correspondence from the Municipality requesting payment with respect to the Compliance Audit of John Mutton; quoting sections of an article in the Toronto Star entitled “Former Vaughan Mayor Facing Audit” stating that their original request pointed out a large number of companies that met the same criteria as suggested in the article; indicating that the audit was flawed and that they have been advised where, in what manner and how the errors were made from both lawyers and other chartered accountants; and, suggesting that the audit report be sent to the Institute of Chartered Accountants for review. The correspondence indicated that they feel the amount owing is not due, the audit was flawed, the errors are obvious, the town has been notified directly where the errors are and the letter from the Municipality is nothing more than harassment. Resolution #C-253-08 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Correspondence Item D - 8 from Don and Cynthia Prout with respect to the Compliance Audit of John Mutton be received for information. “CARRIED” Council Meeting Minutes - 21 - May 5, 2008 D - 9 George Van Dyk advising that he is not prepared to pay his share of the costs associated with the Compliance Audit of John Mutton as he had previously indicated in correspondence to Council that the audit was not done correctly or performed in the detail and diligence that is expected from this type of audit; that although the audits were requested by members of the public, they were approved by Council; that at no time were they advised either verbally or in writing that should no violation of the Elections Act be found that they would be responsible for all the audit expenses; or that they were never consulted about the auditor chosen by council or contacted by the auditor to advise him of their concerns. Mr. Van Dyk feels that no money is owed by him and he is not prepared to pay his share of the audit costs until directed by a Judge of a Court that has jurisdiction over such matters. Resolution #C-254-08 Moved by Councillor Robinson, seconded by Councillor Trim THAT Correspondence Item D - 9 from George Van Dyk with respect to the Compliance Audit of John Mutton be received for information. “CARRIED” D - 10 Carolyn Downs, City Clerk, City of Kingston, advising Council that on April 1, 2008, the City of Kingston passed the following resolution pertaining to Zenn Automobiles on Ontario Roads: “WHEREAS cars are one of the largest contributors to Greenhouse Gases; and, WHEREAS the Federal Government has finally given their approval for the sale of the Canadian-made Zenn (Zero Emissions No Noise) Automobiles; and, WHEREAS provincial approval is still needed to allow both the use and sale of Zenn automobiles and other electric automobiles on Ontario roads; and, WHEREAS Mopeds and other forms of low speed vehicles are already currently allowed on Ontario roads; and WHEREAS Canada, and every province and municipality within our federation, must do our part to reduce our Greenhouse Gas emissions, and strive to not just meet but exceed the Kyoto Protocol targets; Council Meeting Minutes - 22 - May 5, 2008 THEREFORE BE IT RESOLVED THAT Kingston City Council request that the Province of Ontario give approval for the Zenn car and other electric automobiles to be used on Ontario roads; And further THAT every province and territory in Canada be requested to give approval for the Zenn car and other electric automobiles to be sold and used across Canada as soon as possible; And further THAT a copy of this resolution be sent for consideration and endorsement to Peter Milliken, MP, John Gerretsen, MPP, the Prime Minister of Canada, the federal ministers responsible for the Environment and Transportation, the Premiers of all provinces and territories, the Ministers responsible for Transportation and the Environment of each province and territory, all municipalities on our regular circulation list, the Federation of Canadian Municipalities (FCM) and the Association of Municipalities of Ontario (AMO).” Resolution #C-255-08 Moved by Mayor Abernethy, seconded by Councillor Hooper THAT the resolution from the City of Kingston with respect to Zenn Automobiles on Ontario Roads be endorsed. “CARRIED” D - 11 Barry Bracken requesting a correction to the Council Minutes of April 21, 2008, to correct the statement recorded as part of his delegation “but could have other comments which Council may find distasteful”. Mr. Bracken indicated he had simply told Mayor Abernethy that he might not like what he had to say next; and, requesting that Council reconsider and rescind Resolution #C230-08 as he believes his delegation does not warrant an apology as he was simply being critical of the actions taken by Regional Councillors. Council Meeting Minutes - 23 - May 5, 2008 Resolution #C-256-08 Moved by Councillor Robinson, seconded by Mayor Abernethy THAT Correspondence Item D - 11 from Barry Bracken with respect to a correction to the April 21, 2008, Council minutes and a request for Council to rescind Resolution #C-230-08, be received for information. “CARRIED” COMMITTEE REPORT(S) Report #1 - General Purpose and Administration Committee Report April 28, 2008 Resolution #C-257-08 Moved by Mayor Abernethy, seconded by Councillor Robinson THAT the General Purpose and Administration Committee Report of April 28, 2008, be approved, with the exception of Item #2, Item #7, Item #11 and Item #15. “CARRIED” Item # 7 Resolution #C-258-08 Moved by Mayor Abernethy, seconded by Councillor Robinson THAT Report CLD-016-08 be received; THAT the request of the Bowmanville Business Centre to allow for free parking one week per month be denied; and THAT the Bowmanville Business Centre be advised of Council’s decision. “CARRIED” Councillor Hooper stated a pecuniary interest with respect to Item 2 of Report #1 as he is the former Chair of the Bowmanville Business Improvement Area and he was involved with the negotiations. Councillor Hooper refrained from discussions and voting on this matter. Council Meeting Minutes - 24 - May 5, 2008 Item #2 Resolution #C-259-08 Moved by Mayor Abernethy, seconded by Councillor Robinson THAT Report PSD-042-08 be received; THAT the application submitted by Players Business Park Limited and West Diamond Properties Inc. to Remove the “Holding (H)” Symbol be approved for Parts 1, 2, 3, 6, 7, 8, 9, 11, 12, 13, 14, 16, 17, 20, 22, 23, 24, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 40, 41, 42, 43, 47, and 48 on Reference Plan 40R-24933; THAT the By-law attached to Report PSD-042-08, to Remove the “Holding (H)” Symbol be passed and a copy forwarded to the Regional Municipality of Durham; and THAT all interested parties listed in Report PSD-042-08 and any delegations be advised of Council's decision. “CARRIED” Item #11 Resolution #C-260-08 Moved by Mayor Abernethy, seconded by Councillor Robinson THAT the Addendum to Report CLD-015-08 be received; THAT Report CLD-015-08 be received; THAT the Protocol for Council-Appointed Advisory Committees be amended to allow for a member of Council to act as an interim Chair for a maximum of 6 months when a new committee is initially formed and to remove the list of specific committees to which it applies; THAT the amended protocol, attached to the Addendum to Report CLD-015-08 as Attachment No. 1, be adopted with an amendment to the reference to the acting period of the interim chair to state a maximum of 6 months rather than 18 months; THAT the Terms of Reference of the Green Community Advisory Committee be amended to reflect the protocol change; THAT the Interim Chair of the Green Community Advisory Committee be permitted to act, in this instance only, for a period of 6 months beginning April 28, 2008; and Council Meeting Minutes - 25 - May 5, 2008 THAT Linda Gasser, Kerry Meydam, Jim Richards, Elva Reid, Ron Collis and the Green Community Advisory Committee be advised of Council’s decision. “CARRIED LATER IN THE MEETING” (See Following Motion) Resolution #C-261-08 Moved by Councillor Hooper, seconded by Councillor Robinson THAT the foregoing resolution #C-260-08 be amended by replacing the number “6” with the number “2” in the sixth paragraph in order to extend the period of the Interim Chair of the Green Community Advisory Committee to act, in this instance only, for a period of two months beginning April 28, 2008. “MOTION LOST” Resolution #C-260-08 was then put to a vote and CARRIED. Resolution #C-262-08 Moved by Councillor Robinson, seconded by Councillor Trim THAT Item 15 of Report #1 be referred to the end of the agenda. “CARRIED” STAFF REPORTS There were no staff reports considered under this section of the Agenda. BUSINESS ARISING FROM NOTICE OF MOTION UNFINISHED BUSINESS Resolution #C-263-08 Moved by Councillor Robinson, seconded by Mayor Abernethy THAT the presentation of John O’Toole be received with thanks. “CARRIED” Council Meeting Minutes - 26 - May 5, 2008 Resolution #C-264-08 Moved by Mayor Abernethy, seconded by Councillor Hooper THAT the presentation of Ian Parrott and Dave Fumerton be received with thanks. “CARRIED” Resolution #C-265-08 Moved by Councillor Hooper, seconded by Councillor Trim THAT the presentation of Wayne Robbins be received with thanks. “CARRIED” Resolution #C-266-08 Moved by Mayor Abernethy, seconded by Councillor Robinson THAT the delegations of Louis Bertrand, Kristin Robinson, Steve Conway, Linda Gasser, Cathrine McKeever, and Dave Renaud be received with thanks. “MOTION WITHDRAWN” Resolution #C-067-08 Moved by Councillor Trim, seconded by Mayor Abernethy THAT the delegation of Louis Bertrand be received with thanks. “CARRIED” Resolution #C-268-08 Moved by Councillor Robinson, seconded by Councillor Trim THAT the delegation of Kristin Robinson be received with thanks. “CARRIED” Council Meeting Minutes - 27 - May 5, 2008 Resolution #C-269-08 Moved by Councillor Hooper, seconded by Mayor Abernethy THAT the delegation of Steve Conway be received with thanks. “CARRIED” Resolution #C-270-08 Moved by Councillor Trim, seconded by Mayor Abernethy THAT the delegation of Linda Gasser be received with thanks. “CARRIED” Resolution #C-271-08 Moved by Councillor Trim, seconded by Councillor Robinson THAT the delegation of Cathrine McKeever be received. “CARRIED” Resolution #C-272-08 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the delegation of Dave Renaud be received. “CARRIED” BY-LAWS Councillor Hooper stated a pecuniary interest with respect to By-law 2008-074 as he is the former Chair of the Bowmanville Business Improvement Area and he was involved with the negotiations. Councillor Hooper refrained from discussions and voting on this matter. Council Meeting Minutes - 28 - May 5, 2008 Resolution #C-273-08 Moved by Councillor Trim, seconded by Councillor Robinson THAT leave be granted to introduce By-laws 2008-074 to 2008-086, inclusive: 2008-074 Being a By-law to amend the Comprehensive Zoning By-law 84-63 for the Municipality of Clarington (Players Business Park Limited & West Diamond Properties Inc.) 2008-075 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Town of Newcastle (708545 Ontario Limited) 2008-076 Being a By-law to authorize entering into an Agreement with the Owners of Draft Plan of Subdivision S-C-2007-0009, any Mortgagee who has an interest in the said Lands, and the Corporation of the Municipality of Clarington in respect of S-C-2007-0009 2008-077 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Town of Newcastle (708545 Ontario Limited) 2008-078 Being a By-law to authorize entering into an agreement with the Owners of draft plan 18T-95028, any Mortgagee who has an interest in the said Lands, and the Corporation of the Municipality of Clarington in respect of 18T-95028 2008-079 Being a By-law to establish certain lands as public highways, assume them for public use and name them 2008-080 Being a By-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington 2008-081 Being a By-law to authorize the Mayor and Municipal Clerk to execute an agreement between Durham Region EMS and the Corporation of the Municipality of Clarington for tiered response 2008-082 Being a By-Law to adopt the estimates of all sums required during the year and to strike the rates of taxation for municipal purposes for the year 2008 2008-083 Being a By-law to adopt Amendment No. 60 to the Clarington Official Plan and to repeal By-law 2008-045 Council Meeting Minutes - 29 - May 5, 2008 2008-084 Being a By-law to amend By-law 2007-038 to appoint Members to the Samuel Wilmot Nature Area Management Advisory Committee 2008-085 Being a By-law to amend By-law 2007-024 to appoint Members to the Accessibility Advisory Committee for the Municipality of Clarington 2008-086 being a By-law to adopt the Newcastle Village Community Improvement Plan and to Repeal By-law 2008-064; and THAT the said by-laws be now read a first, second and third time and finally approved. “CARRIED” Resolution #C-274-08 Moved by Councillor Robinson, seconded by Councillor Trim THAT the meeting be “closed” to discuss Item 15 of Report #1. “CARRIED” The meeting resumed in open session at 10:31 a.m. Item #15 Resolution #C-275-08 Moved by Councillor Trim, seconded by Mayor Abernethy WHEREAS Council, consistent with historic and good faith practices, has empowered the Municipality’s Chief Administrative Officer, Director of Corporate Services and Human Resources, and Chief of Emergency and Fire Services as its negotiating team; WHEREAS Council is interested in preserving the integrity of the collective bargaining process, and the Municipality’s position in negotiations; and WHEREAS Council confirms the Chief Administrator Officer’s responsibility to report to Council on all matters pertaining to negotiation and collective bargaining; NOW THEREFORE BE IT RESOLVED that the Fire Association be advised that Council Members will not participate in any discussion or communication with any member of the Fire Association regarding the current and future collective agreement negotiations, mediation and arbitration. “CARRIED” Council Meeting Minutes - 30- May 5, 2008 NOTICE OF MOTION There were no Notices of Motion introduced under this section of the Agenda. OTHER INFORMATION Councillor Robinson questioned when the Chief Administrative Officer would be meeting next with the Region on the Business Case for the proposed Energy-From- Waste facility. The Chief Administrative Officer confirmed that he would be meeting on Thursday, May 22, 2008, however, they would be meeting on the host community agreement and that the business case is not part of the negotiations. In response to a question on when Council may receive an update, the Chief Administrative Officer stated Clarington's Negotiating Team were waiting for the Region to put the final touches on the draft document and forward it to them for review. The Chief Administrative Officer stated his job is to strike a tentative agreement and for Council to approve the final document. CONFIRMING BY-LAW Mayor Abernethy and Councillor Hooper made disclosures of pecuniary interest earlier in the meeting and refrained from voting on the Confirming By-law. Resolution #C-276-08 Moved by Councillor Trim, seconded by Councillor Robinson THAT leave be granted to introduce By-law 2008-087, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 5th day of May, 2008; and reconvened on the 6111 day of May, 2008; and THAT the said by-law be now read a first, second and third time and finally approved. "CARRIED" ADJOURNMENT Resolution #C-277-08 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the meeting adjourn at 10:36 a.m., May 6,2008. "CARRIED" "'. ,I1.C j LERK ~ \.